Portsmouth Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Applies to

Pleading written motion or brief

The filer of a post-complaint pleading, written motion, or brief must mail or deliver a copy to each other party or that party’s attorney and note the service on the original; depositing a pleading copy with the clerk is sufficient when it accompanies a summons, and noncompliance may result in striking the filing.

It shall be the duty of the party or attorney filing a pleading, written motion, or brief subsequent to the complaint to mail or deliver a copy thereof to each other party to the case, or the attorney for such party. Failure to comply with this rule shall be sufficient cause to strike the pleading, motion, or brief from the files. If a copy of a pleading is to accompany a summons to be served in the case, it shall be sufficient compliance with this rule to deposit such copy with the clerk. The fact of such mailing or delivery to the adverse party shall be noted on the original.

CRITICAL

Service

Court service to all parties

The Clerk must serve the Decision on the parties or their attorneys, and the notice must state the 14-day objection deadline.

Copies of the Judge's or Magistrate's Decision shall be served upon the parties or their attorneys by the Clerk, such notice to contain language the Objections to the Judge's or Magistrate's Decision must be filed within fourteen (14) days of the filing of the Decision.

CRITICAL

Applies to

Magistrate finding

Service

Court service to all parties

At the conclusion of each case, the magistrate must serve the finding on the plaintiff and defendant.

The Magistrate shall, at the conclusion of each case, serve a copy of his/her finding upon the plaintiff and defendant

CRITICAL

Applies to

Jury summons

Service

Mail

Prospective jurors must be notified by regular mail through a summons directing them to appear on the assigned date.

All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned.

CRITICAL

A counsel-prepared journal entry must be submitted to opposing counsel within 14 days of the decision.

If counsel prepared, the entry shall be submitted to opposing counsel within fourteen (14) days of the decision.

CRITICAL

When an electronically produced ticket is issued at the scene, the issuing officer must give the defendant a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.

CRITICAL

Applies to

Pleading or amended pleading

When no law or other rule sets the deadline, a pleading or amended pleading must be served within 14 days after the specified court entry, unless the entry sets another deadline.

In all cases where the filing of a pleading or amended pleading is not fixed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth (14th) day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading, or overruling or sustaining a motion, unless otherwise specified in the entry.

CRITICAL

Applies to

Magistrate findings

Service

Court service to all parties

The magistrate must serve the findings on the plaintiff and defendant at the conclusion of each case.

The magistrate shall, at the conclusion of each case serve a copy of his/her findings upon the plaintiff and defendant

CRITICAL

The motion and hearing notice must be served on the opposing party under Rule 4(C) at least seven days before the hearing, and the moving party must show proper service.

Service of the motion and notice of hearing shall be made on the opposing party in accordance of Rule 4(C) and not less than seven (7) days before the scheduled hearing. The moving party shall be responsible to show that the other parties have been properly served as required by this rule.

CRITICAL

At the conclusion of each case, the Magistrate must serve the findings on the plaintiff and defendant.

The magistrate shall, at the conclusion of each case serve a copy of his/her findings upon the plaintiff and defendant and inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days in writing.

CRITICAL

Applies to

Summons

Summonses must be served in accordance with the Ohio Rules of Procedure.

(1) Summons shall be served in accordance with the Ohio Rules of Procedure.

CRITICAL

Applies to

Summons

In new cases, counsel must obtain service of summons within 6 months; if not, the clerk will notify counsel that the case will be dismissed in 10 days unless good cause is shown.

In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

CRITICAL

The Magistrate must serve a copy of the findings on the plaintiff and defendant.

The Magistrate shall, at the conclusion of the hearing, file his or her written findings within seven (7) days and cause a copy to be served on the plaintiff and defendant.

WARNING

The complaining party is responsible for ensuring that subpoenas for prosecution witnesses are properly requested.

It is the responsibility of the complaining party to see that subpoenas for prosecution witnesses are properly requested.

WARNING

The Court will notify the City Solicitor, defense counsel, or the defendant of hearing dates.

The Court will notify the City Solicitor, the attorney for the defendant, or the defendant, as to the dates of any hearings.

WARNING

After subpoenas issue, the Law Director or assistants must determine whether service has been obtained to ensure service before the trial or hearing.

Once subpoenas are issued, the Law Director (City Solicitor) or his assistants determine whether service has been obtained for the purpose of assuring service before trial or hearing date.

WARNING

To arrange sheriff service, contact the Sheriff Department at (740) 355-8261.

Sheriff Service, Must contact Sheriff Department (740)355-8261

WARNING

A notice is sufficient if sent to the last known address listed in the case file.

Notices shall be deemed sufficient if sent to the last known address listed on the papers making up the file on the case.

WARNING

The defendant or attorney is responsible for properly subpoenaing defense witnesses and ensuring service is obtained after subpoenas issue.

It is the responsibility of defendant or his attorney to see that defense witnesses are properly subpoenaed, and that once subpoenas are issued, that proper service has been obtained.

WARNING

Applies to

Pretrial conference notice

The assignment commissioner must notify all counsel of record by mail and/or telephone at least fourteen days before a pretrial conference.

Notice of pretrial conference shall be given to all counsel of record by mail and/or telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.

WARNING

The Law Director or City Solicitor must notify the complaining party, officers, or victims of hearing dates.

The Law Director (City Solicitor) shall notify the complaining party, officers or victims, as to the dates of any hearings.